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immediately prior to full release of bond in accordance with Rule 3.03.1(2)(c), or <br />partial release of bond in accordance with Rules 3.03.1(2)(b), and 3.03. 1(3)(b); <br />(b) Reference crop yields for a given crop season are to be determined from: <br />(i) The current yield records of representative local farms in the surrounding area, <br />with concurrence by the U.S. Soil Conservation Service; or <br />(ii) The average county yields recognized by the U.S. Department of Agriculture, <br />which have been adjusted by the U.S. Soil Conservation Service for local yield <br />variation within the county that is associated with differences between non -mined <br />prime farmland soil and all other soils that produce the reference crop. The average <br />reference crop yield may be adjusted with the concurrence of the U.S. Soil <br />Conservation Service for disease, pest, and weather - induced seasonal variability, or <br />differences in specific management practices where the overall management <br />practices of the crops being compared are equivalent." <br />Permit Language <br />Vegetation production information from various sources is discussed in several sections of the <br />permit. It is not apparent however that much of this information was used in the development of the <br />1.84 tons /acre yield standard approved in the permit. For a detailed listing and discussion of this <br />information within the permit, please refer to Appendix B. Cited below are the sections of the permit <br />where requirements relevant to the approved yield standard are discussed. <br />Section 2.06.6 of the permit (in Table 2.06.6 -1) summarizes the specific locations in the permit <br />containing language addressing the requirements of Rule 2.06.6. <br />Section 2.05.4(2)(e) of the permit, subsection 5.5.2, reads: "WFC personally contacted three of the <br />larger farms (Mel Staats, Frank Morgan, and Zene Weimer) that surround NH2 for their first cutting <br />production figures in irrigated cropland fields. See Attachment 2.05.4(2) (e) -3... The approved <br />standard for Irrigated Cropland previously called Irrigated Hayland was the average 1st cutting <br />yield from these three farmers. Based on this a 1st cutting production of 1.84 tons per acre is the <br />target yield at New Horizon Mine." Permit Attachment 2.05.4(2)(e) -3 contains the fill -in- the -blank <br />yield self - certifications from these three farmers. <br />Permit section 2.05.4(2)(e), subsection 5.5.4, Revegetation Success Criteria and Statistical <br />Procedures — Irrigated Cropland, page 2.05.4(2)(e) -48 states: "Starting at least three years prior to <br />bond release data will be gathered on an annual basis to determine average crop production for the <br />Irrigated Cropland areas. An average of the 3 years 1st cut production will be calculated and <br />compared to the fixed production standard of 1.84 tons per acre for the 1st cut. Production success <br />for the reclaimed block will be achieved if direct comparison of the 3 year average 1st cut production <br />equals or exceeds 100% of the 1.84 tons per acre standard. This complies with Rule 4.25.5 (3)(d) for <br />prime farmland which takes precedence over Rule 4.15.9 where prime farmland is involved." <br />6 <br />